Madhya Pradesh High Court
Kok Singh vs The State Of Madhya Pradesh on 10 July, 2017
MCRC-1926-2017
(KOK SINGH Vs THE STATE OF MADHYA PRADESH)
10-07-2017
Shri Pradip Katare, counsel for the applicant.
Shri RK Awasthi, Public Prosecutor for the respondent/ State.
This application under Section 482 of CrPC has been filed against the order dated 31/01/2017 by which the SDM, Mehagaon, District Bhind had issued the arrest warrant against the applicant as well as had issued the notices to the sureties.
It is submitted by the counsel for the applicant that the proceedings under Section 151 of CrPC were initiated against the applicant. As the applicant was unable to furnish the bail bond and the surety bond and, therefore, he was sent to jail. Subsequently, by order dated 21/10/2016, the applicant was released on bail on furnishing two solvent sureties of Rs.5 lacs. Thereafter, the case is being fixed for reply and further proceedings. It is submitted that on 27/01/2017, the SHO, Police Station Amayan, District Bhind filed an application under Section 122(2) of CrPC alleging that the applicant has committed another offence after getting released on bail and, therefore, the bail granted to the applicant may be recalled. It is submitted that without issuing notice to the applicant, the SDM, Mehagaon, District Bhind by order dated 31/01/2017 directed for issuance of arrest warrant against the applicant and also issued notices to the sureties. It is further submitted that before passing such an order the SDM, Mehagaon, District Bhind even did not care to recall his own order dated 21/10/2016. Further, this order is in utter violation of principles of natural justice and before cancelling his bail, the Court below has not given an opportunity of hearing to the applicant. Per contra, it is submitted by the counsel for the State that as the Court below had issued arrest warrant against the applicant and had also issued notices to the sureties, therefore, it should be presumed that impliedly the SDM, Mehagaon, District Bhind had withdrawn his order dated 21/10/2016 and had cancelled the bail granted to the applicant.
Heard.
By order dated 21/10/2016 the applicant was released on bail on furnishing two solvent sureties of Rs.5 lacs and thereafter, on subsequent dates the case was fixed for reply as well as for further proceedings. It appears that on 27/01/2017, an application was filed by the SHO, Police Station Amayan, District Bhind for cancellation of the bail as provided under Section 122(2) of CrPC on the ground that the applicant had committed breach of bond. In the present case, it is clear that the applicant was released on bail and no final order for execution of bond was passed against the applicant and the proceedings are still pending. Once an application for cancellation of bail was filed, then it was obligatory on the part of the SDM, Mehagaon, District Bhind to give an opportunity to the applicant to file his reply. From the record, it is clear that the bail order dated 21/10/2016 was, in fact, withdrawn by passing an unreasoned order. Accordingly, the order dated 31/01/2017 passed by the SDM, Mehagaon, District Bhind is quashed. The SDM, Mehagaon, District Bhind is directed to issue notice to the applicant on application dated 27/01/2017 filed by the SHO, Police Station Amayan, District Bhind for cancellation of bail and such application shall be decided by passing a reasoned order after affording the opportunity of hearing to the applicant. With the aforesaid observation, this application is finally disposed of.
(G.S. AHLUWALIA) JUDGE MKB